DEBTORS 1

THE DEBTORS ACT cap. 93.

[Ist January, 1872.1

1. This Act may be cited as the Debtors Act. Short title.

Abolition of Imprisonment for Debt

2. With the exceptions hereinafter mentioned, no person Aboljtion of
impnson-
shall be arrested or imprisoned for making default in pay- mcntfor
ment of a sum of money. debt with
exceptions.
There shall be excepted from the operation of this
Act-
Default in payment of a penalty, or sum in the nature
of a penalty other than a penalty in respect of any contract.
Default in payment of any sum recoverable summarily
before a Justice or Justices.
Default by a trustee, or person acting in a fiduciary
capacity, and ordered to pay by a court of equity any
sum in his possession or under his control.
Default by an attorney or solicitor in payment of costs
when ordered to pay costs for misconduct as such, or in
payment of a sum of money when ordered to pay the same
in his character of an officer of the court making the
order.
Default in payment, for the benefit of creditors, of any
portion of a salary or other income in respect of the pay-
ment of which any court having jurisdiction in bank-
ruptcy is authorized to make an order.
Default in payment of sums in respect of the payment
of which orders are in this Act authorized to be made:
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Provided first, that no person shall be imprisoned in any

case excepted from the operation of this section for a longer
period than one year; and, secondly, that nothing in this
section shall alter the effect of any judgment or order of
any court for payment of money except as regards the
arrest and imprisonment of the person making default in
paying such money.

Saving of 3. Subject to the provisions hereinafter mentioned, any

power of
committal court having civil jurisdiction may commit to prison with
with or or without hard labour, for a term not exceeding six weeks,
without
hard labour
for debts
or until payment of the sum due, any person who makes
not default in payment of any debt, or instalment of any debt
exceeding
5100. due from him in pursuance of any order or judgment of
that or any other competent court:
Provided-
(1) that the jurisdiction by this section given of com-
mitting a person to prison shall, when exercised by
a Resident Magistrate’s Court, be exercised sub-
ject to the following restrictions, that is to say-
(a) by an order made by the Judge himself in
open court, and showing on its face the
ground on which it is issued;
(h) as respects a judgment of a superior court
of law or equity only when such judgment
does not exceed one hundred dollars, exclu-
sive of costs;
(2) that the jurisdiction given by this section shall
be exercised as respects a judgment of a Resident
Magistrate’s Court only by a Resident Magistrate’s
Court;
(3) that such jurisdiction shall only be exercised
where it is proved to the satisfaction of the court
that the person making default either has or has
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 DEBTORS 3

had, since the date of the order or judgment, the

means to pay the sum in respect of which he has
made default, and has refused or neglected, 01
refuses or neglects to pay the same.
Proof of the means of the person making default may
be given in such manner as the court thinks just; and, for
the purposes of such proof, the debtor, and any witnesses
may be summoned and examined on oath, according to the
prescribed rules.
Any jurisdiction by this section given to the superior
courts may be exercised by a Judge sitting in Chambers,
or otherwise, according to the prescribed rules.
For the purposes of this section, any court having civil
jurisdiction may direct any debt due from any person, in
pursuance of any order or judgment of that or any other
competent court to be paid by instalments, and may from
time to time rescind or vary such order.
Persons committed under this section shall, unless other-
wise prescribed, be committed to such convenient prison as
the court which commits them thinks expedient.
This section, so far as it relates to any Resident Magis-
trate’s Court shall be deemed to extend to orders made by
the Resident Magistrate’s Court with respect to sums du!:
in pursuance of any order or judgment of any court other
than a Resident Magistrate’s Court.
No imprisonment under this section shall operate as a
satisfaction or extinguishment of any debt, or demand, or
cause of action, nor deprive any person of any right to take
out execution against the lands, goods, or chattels of t k
person imprisoned in the same manner as if such imprison-
ment had not taken place.
Any person imprisoned under this section shall be dis-
charged out of custody upon a certificate, signed according
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4 DEBTORS

to the prescribed rules, to the effect that he has satisfied

the debt or instalment of a debt, in respect of which he was
imprisoned, together with the prescribed costs (if any).

Power unde:r 4. No person shall be arrested upon mesne process in

certain
circurn- any action.
stances to
arrest
defendant Where the plaintif€ in any action in the Supreme or
about to
quit the any Resident Magistrate’s Court of this Island, in which
Island. if brought before the commencement of this Act in the
Supreme Court, the defendant would have been liable to
arrest, proves at any time before final judgment, by
evidence on oath, to the satisfaction of a Judge of the
Court in which the action shall be brought, that the plain-
tiff has good cause of action against the defendant to the
amount of forty dollars and upwards, and that there is
probable cause for believing that the defendant is about to
quit the Island unless he be apprehended, and that the
absence of the defendant from this Island will materially
prejudice the plaintiff in the prosecution of this action,
such Judge may, according to the prescribed rules, order
such defendant to be arrested and imprisoned for a period
not exceeding six months, unless and until he has sooner
given the prescribed security, not exceeding the amount
claimed in the action, that he will not go out of this Island
without the leave of the Court.

Where the action is for a penalty, or sum in the nature

of a penalty, other than a penalty in respect of any con-
tract, it shall not be necessary to prove that the absence
of the defendant from the Island will materially prejudice
the plaintiff in the prosecution of his action, and the security
given (instead of being that the defendant will not go
out of the Island), shall be to the effect that any sum
recovered against the defendant in the action shall be paid
or that the defendant shall be rendered to prison.
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 DEBTORS 5

5. Sequestration against the property of a debtor may $vingfor

StqUeStra-
be issued by any court in the same manner as if such debtor tionagainst
had been actually arrested. *opcrty.

6. Nothing in this Act shall in any way affect any right

or power under the Bankruptcy Act to arrest or imprison
any person.
3 vingfor
nkruptcy
ct.

7. The word “prescribed” shall mean as to proceedings caningot

in the Supreme Court, prescribed by rules of Court and qr&bedp*.
e word

as to proceedings in the Resident Magistrates’ Courts,

prescribed by rules made under the Judicature (Resident
Magistrates) Act.

me inclusion of this page is authorized by L.N. 480/1973]